Current articles on Labor law

15. Dec 2023 Current court decision on timely data disclosure under Art. 15 GDPR - how quickly must an employer respond to a request for information?

Art. 12 para. 3 GDPR stipulates that controllers within the meaning of the GDPR and thus also employers must respond to requests for information under data protection law in accordance with Art. 15 GDPR without undue delay and in any case within one month.

Labor law
15. Nov 2023 Update Whistleblower Protection Act

The long odyssey of the German law for better protection of whistleblowers (Whistleblower Protection Act - HinSchG) has come to an end. After a long back and forth, the Whistleblower Protection Act was passed on 02.06.2023 and came into force on 02.07.2023.

Labor law
7. Nov 2023 One-person company to avoid social security obligations?

Since 2008, the formation of a corporation has been greatly simplified, as since then it has also been possible to form so-called limited liability companies - UG for short - with a "share capital" of one euro. As shareholder-managers, the shareholders are generally not subject to social security contributions. Some resourceful entrepreneurs have now taken advantage of this fact, founded a UG and provided services for third parties.

Labor law
2. Nov 2023 The practical application of the Whistleblower Protection Act

The new Whistleblower Protection Act came into force on 02.07.2023. Companies are now obliged to introduce an internal reporting system under which employees can report possible grievances.

Labor law
15. Sep 2023 Ruling of the Schleswig-Holstein Higher Labor Court: No continued payment of remuneration in the event of several sick notes following termination of employment.

The Schleswig-Holstein Regional Labor Court dismissed an employee's claim against her employer for payment of continued remuneration for the duration of her notice period, for which she was on sick leave.

Labor law
8. Aug 2023 BAG ruling: No prohibition of utilization in dismissal protection proceedings with regard to recordings from open video surveillance

In its ruling of 29.06.2023, Ref.: 2 AZR 296/22, the Federal Labor Court ruled that there is generally no prohibition on the use of recordings from open video surveillance in dismissal protection proceedings that are intended to prove intentional conduct by the employee in breach of contract. According to the Federal Labor Court, this also applies if the employer's surveillance measures do not fully comply with the requirements of data protection law.

Labor law
19. Apr 2023 Reform of the Working Hours Act: Draft law on recording working hours

With the draft law, the Federal Ministry of Labor is reacting to the decisions of the ECJ from 2019 and the Federal Labor Court from 13.09.2022 , according to which employers are obliged to systematically record working hours.

Labor law
28. Mar 2023 Case law clarifies: Improper documentation of smoking breaks is working time fraud

In its ruling of 03.05.2022, case reference: 1 Sa 18/21, the Thuringia Higher Labor Court clarified that employees commit working time fraud if they do not properly document smoking breaks. In the opinion of the Thuringia Higher Labor Court, faking work that has not actually been performed by failing to properly document smoking breaks constitutes a particularly serious breach of duty and may justify termination without notice. As the trust necessary for an employment relationship is regularly destroyed in these cases, no prior warning is generally required.

Labor law
23. Mar 2023 Next update of the Whistleblower Protection Act

After a long odyssey, the Whistleblower Protection Act now seems to have reached port.

Labor law
28. Feb 2023 Current ruling by the Federal Labor Court on equal pay for men and women

In a recent judgment (judgment of 16.02.2023 - Ref.: 8 AZR 450/21), the Federal Labour Court (BAG) upheld a claim by a female employee demanding the same remuneration as her male colleagues. According to the BAG, the employer could not rebut the presumption of discrimination on the grounds of gender, in particular on the grounds that the male colleague had negotiated a better salary when he was hired.

Labor law
15. Feb 2023 Federal Council rejects approval of the Whistleblower Protection Act

In December 2021, Germany should have already implemented the EU Whistleblower Protection Directive. In December 2022, the Federal Council finally passed the Whistleblower Protection Act. However, this did not receive the required majority in the Bundesrat on 10.02.2023 and has failed (for the time being).

Labor law
6. Feb 2023 BAG clarifies in new decision: Three-year limitation period for vacation compensation remains

In its ruling of 20.12.2022, Ref.: 9 AZR 266/20, the BAG agreed with the case law of the ECJ, according to which leave in an existing employment relationship cannot expire if employers have not complied with their duty to inform.

Labor law

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